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2025 DAILYLAW 71531 (KAR)

THE STATE OF KARNATAKA, v. SRI M. RANGASWAMY

/35109/2024 · 2025-07-21

Jayant Banerji, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27217-DB WP No. 35109 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION NO. 35109 OF 2024 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA, REPTD. BY SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU -560 001. 2. THE COMMISSIONER, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, K.R. CIRCLE, BENGALURU-560 001. …PETITIONERS (BY SRI. V.G. BHANUPRAKASH, AAG A/W SRI B RAVINDRANATH, AGA) AND: SRI M. RANGASWAMY S/O MALLAIAH, AGED ABOUT 46 YEARS, WORKING AS SURVEYOR, BENGALURU DEVELOPMENT AUTHORITY, BENGALURU. R/AT NO.43, 2ND FLOOR, SUGGAPPA LAYOUT, YELAHANKA, BENGALURU-560 064. …RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER DATED 19.04.2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27217-DB WP No. 35109 of 2024 BENGALURU ALLOWING THE APPLICATION NO.3984/2021 VIDE ANNEXURE-A AND B) CONFIRM THE ORDER PASSED BY THE PETITIONER NO. 2 HEREIN, VIDE ORDER NO. SSLR/EST/DPS/GC- 013/2015-16 DATED 04.08.2021, DISCHARGING THE RESPONDENT FROM SERVICES, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE S.G.PANDIT ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard learned Additional Advocate General Sri.V.G.Bhanuprakash assisted by learned Additional Government Advocate Sri.B.Ravindranath in support of the petitioners. 2. This petition has been filed seeking to assail the order dated 19.04.2022 passed by the Karnataka State Administrative Tribunal at Bengaluru allowing Application No.3984/2021. 3. By the impugned order, after noticing that the discharge order reflects several misconducts alleged against the respondent-delinquent and as such the finding - 3 - HC-KAR NC: 2025:KHC:27217-DB WP No. 35109 of 2024 was that the discharge order could not be said to be discharge simplicitor, but with a stigma attached to the delinquent-respondent, the Tribunal, following the order of this Court dated 15.06.2021 passed in W.P.No.10969/2020 (S-KSAT) rendered in the case of Gurusidha Kenchappa Kalyagol Vs. The Director General And Inspector General Of Police And Another, allowed the application and set aside the order of discharge permitting the petitioners to proceed in the matter in accordance with law, pursuant to the articles of charge that were already issued to delinquent-respondent and to complete the enquiry proceedings within a period of six months from the date of receipt of the order. 4. The order of 2022 is being sought to be challenged in this writ petition and the only submission made is that further time may be granted. 5. This Court in exercise of jurisdiction under Article 226 of the Constitution of India while considering challenge to an order of the Tribunal does - 4 - HC-KAR NC: 2025:KHC:27217-DB WP No. 35109 of 2024 not sit as an Appellate Court. What the petitioners are seeking is actually review of the order passed. 6. Under the circumstances, we decline to interfere in the matter and dismiss the petition. At this stage, learned Additional Advocate General appearing for the petitioners states that he may be permitted to move an appropriate application before the Tribunal seeking modification of the order. However, it is open for the petitioners to move appropriate application in accordance with law, as they may be advised, but this Court cannot issue any direction to this effect. 7. This petition is accordingly dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (S.G.PANDIT) JUDGE NC CT:bms